Bryson v. State
316 Ga. App. 512
| Ga. Ct. App. | 2012Background
- Bryson was convicted after a jury trial of two counts of armed robbery and two counts of possession of a firearm during the commission of a felony, as a party to the crimes.
- Victims described a white car at a Turner County rest area; one victim saw a gun and felt a threat, while the second was told his accomplice had a gun.
- The white car fled at high speed (102 mph in a 65 mph zone) and Bryson, the driver, was captured after a pursuit; items linked to the crimes were found in the car and Bryson’s accomplices were apprehended.
- A custodian identified Bryson in a pretrial lineup and in court; a police officer later identified him in a videotape, and Bryson’s getaway car contained stolen items.
- Bryson challenged several trial rulings on evidence, identifications, and jury instructions; the State contends the verdict was supported by substantial evidence and proper procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Bryson argues evidence fails to prove guilt as a party. | Bryson contends insufficiency for armed robbery and firearm charges. | Evidence sufficient to convict as a party |
| Level of certainty identification instruction | Brodes rule requires reversal for the level-of-certainty charge. | Instruction harmless due to corroborating evidence. | Harmless error; no reversal |
| Admission of speeding/no license evidence | Evidence placed Bryson’s character in issue. | Res gestae and flight evidence admissible; supports defense theory. | No reversible error |
| Directed verdict/lesser included offense | Trial court should direct verdict or include lesser offense for second victim. | Record shows no merit; directed verdict improper; no lesser charge required. | No error; directed verdict not required |
| Identification evidence and burden-shifting questioning | Officer’s identification of Bryson in videotape and burden-shifting questions were improper. | Other identification evidence existed; any error harmless. | No reversible error; harmless |
Key Cases Cited
- Brinson v. State, 245 Ga. App. 411 (Ga. App. 2000) (evidentiary sufficiency and party doctrine in armed robbery cases)
- Howze v. State, 201 Ga. App. 96 (Ga. App. 1991) (accomplice liability for multiple offenses)
- Wilcox v. State, 177 Ga. App. 596 (Ga. App. 1986) (presence and conduct as circumstantial evidence of participation)
- Olds v. State, 293 Ga. App. 884 (Ga. App. 2008) (flight as circumstantial evidence of guilt)
- McGuire v. State, 204 Ga. App. 151 (Ga. App. 1992) (sufficiency and credibility in circumstantial cases)
- Smith v. State, 274 Ga. App. 568 (Ga. App. 2005) (reasonable apprehension of weapon despite lack of sight)
- Marlin v. State, 273 Ga. App. 856 (Ga. App. 2005) (sufficiency where victim did not see weapon but feared it)
- Willis v. State, 309 Ga. App. 414 (Ga. App. 2011) (level-of-certainty instruction reviewed for harmless error)
- Taylor v. State, 262 Ga. 584 (Ga. 1992) (pipeline rule applying new authority to pending cases)